Wednesday, February 23, 2011

Marilyn Tagocon v. JP Morgan Chase

Bank's blogger booted
By KATHIANNE BONIELLO
Posted: 2:32 AM, January 2, 2011

Read more from the New York Post article.

The lawsuit states the following:

“6. Despite her unquestioned commitment to the Company, Ms. Tagocon was subject to unlawful discrimination for engaging in lawful recreational activities on her personal time, outside of work.

7. Specifically, for years Plaintiff has been a blogger and a novelist, about issues wholly unrelated to her employment with JP Morgan, a fact that she made no attempt to hide during her employment.

8. Indeed, at the time that Ms. Tagocon was offered employment by Defendant, the Head of her Department, __, and her Manager, __, knew that she was a novelist and raised no objections to her novels and blog.

9. However, in June 2010, when Ms. Tagocon was reviewing Defendant’s 2010 Code of Conduct, she discovered that Defendant had a policy of prohibiting its employees from posting certain information on the internet, even during their free time.

10. Although Ms. Tagocon knew that her novels and blogs were wholly unrelated to her employment at JP Morgan, she approached members of the Company’s management and human resources to confirm that her actions did not violate the Code of Conduct in any way.

11. When meeting with the Company’s representatives, Ms. Tagocon reaffirmed that her blogs and novels were of a personal nature and were unrelated to any of the work that she did for JP Morgan, nor did she use any information related to her employment in producing either her blog or her novels.

12. Plaintiff further explained that she uses a penname, has never revealed whom she works for on any public forum and that all of her blogging and writing was conducted outside of work hours using her own personal equipment.

13. Despite Ms. Tagocon’s explanations, she was informed that the Company would terminate her employment unless she took down her blog, completely ceased marketing her novels, and signed the Code of Conduct.

14. When Plaintiff refused to accede to these facially outrageous demands, Defendant terminated her employment without further explanation.

15. At no point did the Company tell her that her termination was warranted due to her performance or due to any other factor.

16. Plaintiff was informed of her termination, effective August 7, 2010, on July 23, 2010 and was instructed to not return to the office after July 23, 2010.”

Marilyn found out on June 11, 2010 that this is an example of what JP Morgan Chase (JPMC) employees may NOT post on the internet on their own time: “I think the financial services industry is over-regulated and should be governed by market forces only.”

Ten months earlier, her husband became seriously ill. He has since been diagnosed with multiple sclerosis (MS). Marilyn is the sole breadwinner of the family.

When JPMC’s representatives informed Marilyn to choose between her job and writing, it was a choice between her livelihood and freedom of speech, a choice between freedom outside of work and putting her family at grave economic risk, a choice between her family’s well-being and her self-respect, a choice between excruciating mental anguish and hating herself 24/7 for betraying her principles.

I know of her mental anguish and of her family’s pride in her decision because I am Marilyn Tagocon.

39 comments:

Ilyn Ross said...

http://www.nypost.com/p/news/local/bank_blogger_booted_PPrpezgTbdtDuVGLzbdX3K#ixzz1EloQdmlz

'Tis a choice bet. livelihood & freedom of speech, bet. freedom outside of work & putting her family at grave economic risk, bet. her family’s well-being & her self-respect, bet. mental anguish & hating herself 24/7 for betraying her principles.

I know of her mental anguish & of her family’s pride in her decision bec. I am Marilyn Tagocon. http://ilynross.blogspot.com/2011/02/marilyn-tagocon-v-jp-morgan-chase.html

Ilyn Ross said...

This is much larger than a blog or novel. Can employers dictate what their employees say or do outside of the work sphere?

Ilyn Ross said...

"A Connecticut ambulance company that fired an employee after she criticized her boss on Facebook agreed today (2/8/2011) to settle a complaint brought by the National Labor Relations Board."

Read more: http://news.cnet.com/8301-1023_3-20030955-93.html#ixzz1DNnI72Ie

February 8, 2011 7:48 AM

*
I have never written about my bosses. Since the aforementioned is protected activity, all the more that my writing is.

Ilyn Ross said...

NY Labor Law Article 7 Section 201D, which protects outside-work activities, is on my side.

I did not know of this law. The one who manages the JPMC Code told me that the Code has been reviewed by lawyers, that its contents are being done all the time.

A New Jersey NELA lawyer informed me of this law on 8/6/2010.

Ilyn Ross said...

My lawsuit is about a violation of NYLL section 201D.

This is NOT included in my lawsuit, but, as a citizen, I worry about it -

The Fed’s Circumvention of the First Amendment - 12/10/2010
http://ilynross.blogspot.com/2010/12/feds-circumvention-of-first-amendment.html

Congress may not abridge freedoms, but may the board members of the Federal Reserve Bank of New York? They can. They are circumventing the First Amendment.

Would NBC, CNBC, and MSNBC report on abuses of COERCIVE POWER or conflicts of interest at The Fed though their boss, Jeffrey R. Immelt, is a board member?

Jamie Dimon, CEO of JP Morgan Chase, another current board member, issued an outside-work policy in its 2010 Code of Conduct Training prohibiting JPMC employees from posting a statement such as this on the internet: “I think the financial services industry is over-regulated and should be governed by market forces only.”

Would NBC, CNBC, and MSNBC assign reporters to find out which other Fed board members who head private corporations have issued the same directive? Have the Fed board members dragooned other CEOs into issuing this directive?

Jamie Dimon’s DECREE impacts the freedoms of speech and of the press, and of the right to petition the Government for a redress of grievances. If an action of one who wields COERCIVE POWER infringes these freedoms, it is a First Amendment violation.

Ilyn Ross said...

The honest and just do not drop context. JPMC prohibits its employees from posting comments such as this: “I think the financial services industry is over-regulated and should be governed by market forces only.”

Regulations are of/by/for the government and corrupt businessmen. The government, through regulations, must be prevented from dragooning employers to circumvent the First Amendment.

Ilyn Ross said...

Corporate America has been a slave for over a century. I think the government, through regulations, is dragooning employers to circumvent the First Amendment.

If justice prevails, it would be good, not only to employees, but to honest employers as well.

Ilyn Ross said...

Employers dictate to employees outside the work sphere. A board member of the Federal Reserve Bank of NY circumvents the First Amendment.

JPMC prohibits its employees from posting this on the internet: “I think the financial services industry is over-regulated and should be governed by market forces only.” A practical application of this policy is the order that I take down my blog & stop talking about my novels.

http://ilynross.blogspot.com/2011/02/marilyn-tagocon-v-jp-morgan-chase.html

Ilyn Ross said...

Novelist Executed, Novelist Fired

http://www.youtube.com/watch?v=AcvaBBHdrv0&feature=player_embedded

Ilyn Ross said...

Perfect Freedom Starts with Free Expression

http://www.youtube.com/watch?v=1dUj6nOcQdw&feature=related

Ilyn Ross said...

“All tyranny needs to gain a foothold is for people of good conscience to remain silent.” – Thomas Jefferson

http://www.youtube.com/watch?v=1dUj6nOcQdw&feature=related

Ilyn Ross said...

MY CASE is about this: Should the law allow employers to dictate what their employees say/do outside of work?

According to NYLL section 201D: employers may not dictate what political or recreational activities employees engage in.

JPMC demanded that its employees AFFIRM A POLICY where employees may NOT post a comment such as this on the internet on their own time: “I think the financial services industry is over-regulated and should be governed by market forces only.”

A practical application of this policy is that I take down my blog and stop talking about my novels. I refused to affirm this OUTSIDE-WORK policy and to accede to the orders. I was fired. I am suing.

Ilyn Ross said...

Dan on fb says: "You're asking a non-question. Employers have no dictatorial powers over anybody."

Especially in a recession, employers could DRAGOON employees: do this or else, e.g. -

* Sleep with me or else.
* Be my slave or else.
* JPMC dragooned me: Shut up outside of work or else.

Should employers who dragoon employees be made liable?

I think it is wrong for JPMC to dragoon its employees into giving up their freedom of speech outside of work, so I sued.

Ilyn Ross said...

In 1896, Philippine National Hero Dr. Jose Rizal, a polymath and polyglot, was executed at age 35 for his novels. In his Last Farewell poem, he said, "I go where no slave before the oppressor bends."

In 2010, in the US state that is home to the Statue of Liberty, I was fired because I would not bend to tyranny.

http://www.youtube.com/watch?v=AcvaBBHdrv0&feature=player_embedded

Ilyn Ross said...

"Timid men prefer the calm of despotism to the tempestuous sea of liberty.... When wrongs are pressed because it is believed they will be borne, resistance becomes morality." - Thomas Jefferson

http://ilynross.blogspot.com/2010/12/jp-morgan-chase-contravenes-first.html

Ilyn Ross said...

Especially in a recession, employers could DRAGOON employees: do this or else, e.g. Shut up OUTSIDE OF WORK or else. Should employers who dragoon employees be made liable?

http://ilynross.blogspot.com/2011/02/marilyn-tagocon-v-jp-morgan-chase.html

Ilyn Ross said...

"Those who deny freedom to others deserve it not for themselves." — Abraham Lincoln

A rights-infringer loses rights.

Ilyn Ross said...

"Any alleged right of one man which necessitates the violation of the rights of another is not and cannot be a right." - Ayn Rand

Ilyn Ross said...

Rights have a limit: the equal rights of others.

I have a right to my life OUTSIDE OF WORK. An employment contract cannot violate the right to liberty or the 13th Amendment.

Ilyn Ross said...

The CEO of JPMC is a board member of the Federal Reserve Bank of NY. He is circumventing the First Amendment.

Ilyn Ross said...

“No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him." - Thomas Jefferson

JPMC has no right to restrict speech outside of work.

Ilyn Ross said...

One who is not for free speech cannot claim to be for free markets.

Ilyn Ross said...

"Were [a right] to be refused, or to be so shackled by REGULATIONS, not necessary for... peace and safety... as to render its use impracticable,... it would then be an injury, of which we should be entitled to demand redress." - Thomas Jefferson

Ilyn Ross said...

"[The] liberty of speaking and writing... guards our other liberties." - Thomas Jefferson

I am PROUDLY standing up for the liberty of speaking and writing.

John said...

In this case, "Board Member" means literally, "one of the owners". It's no wonder they won't allow employees to talk about it. The Rockerfellers, Rothchilds, Morgans, et al, have literally owned the "Federal" Reserve Bank since it's inception while Woodrow Wilson was President. (Most people think the "Fed" is an institution run by the Federal Govt., and they want to keep it that way)
These Central Bankers control the money supply, and with it, our country. In the process they have enslaved us all through insurmountable debt. Whenever the Government needs money, they "loan" it to them, with of course, interest. If you think the richest people on earth are the likes or Warren Buffet and Bill gates, you are sadly mistaken. they're only billionaires. The actual fortunes of the "Ruling Elite" cannot even be counted.
We need to take back our country people - before these vultures destroy us all in the name of profits and power.

Ilyn Ross said...

Thank you, John.

Ilyn Ross said...

"Be without fear in the face of your enemies. Be brave and upright, that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong; that is your oath." - Knight's Oath, Kingdom of Heaven

Ilyn Ross said...

One who is not for free speech cannot claim to be for free markets.

"[The] liberty of speaking and writing... guards our other liberties." - Thomas Jefferson

http://www.youtube.com/watch?v=1dUj6nOcQdw&feature=player_embedded

Ilyn Ross said...

An employment contract cannot contain provisions unrelated to employment, like in this case: shut up outside of work.

Ilyn Ross said...

An employment contract cannot violate the 13th Amendment. Outside of work, an employee's life belongs to him/her. It cannot be dictated by the employer.

Ilyn Ross said...

Chris Christie supported his firing. For shame!

N.J. Transit Worker Fired for Burning Koran Rehired, Compensated for 'Pain and Suffering'

http://www.foxnews.com/us/2011/04/22/nj-transit-worker-fired-burning-koran-rehired-compensated-pain-suffering/

Ilyn Ross said...

It is the proper role of government to restrain employers from including non-employment provisions in their employment contracts, e.g. shut up outside of work.

“No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him."

"A right of free correspondence between citizen and citizen on their joint interests, whether public or private and under whatsoever laws these interests arise, is a natural right… it is... one of the objects for the protection of which society is formed and municipal laws established."

- Thomas Jefferson

Ilyn Ross said...

One who is not for free speech, outside of the work sphere, cannot claim to be for freedom.

Ilyn Ross said...

JP Morgan Chase (JPMC), whose CEO is a board member of the Federal Reserve Bank of NY, prohibits its employees from posting on the internet on their own time, statements such as this: “I think the financial services industry is over-regulated and should be governed by market forces only.”

"[The] liberty of speaking and writing... guards our other liberties." - Thomas Jefferson

I am PROUDLY standing up for capitalism and for free speech.

http://ilynross.blogspot.com/2011/02/marilyn-tagocon-v-jp-morgan-chase.html

Ilyn Ross said...

"A society that robs an individual of the product of his effort, or enslaves him, or attempts to limit the freedom of his mind, or compels him to act against his own rational judgment ... is not, strictly speaking, a society, but a mob held together by institutionalized gang-rule." -- Ayn Rand

Ilyn Ross said...

“So long as we have not yet reached the state of censorship of ideas, one does not have to leave a society in the way the characters did in Atlas Shrugged." - Ayn Rand

Ilyn Ross said...

"Marilyn Tagocon settled with JP Morgan Chase after she was fired for her online political messages."

http://www.bizjournals.com/denver/print-edition/2012/04/13/avoid-liability-as-employees-use-of.html

Ilyn Ross said...

Doing what one thinks is right, no matter the cost, is integrity. One with integrity has self-esteem. Self-esteem is a pre-requisite to happiness.

Ilyn Ross said...

Honesty is fidelity to the truth. The truth is what conforms to reality. Integrity is fidelity to logic. It is the refusal to hold contradictions, the consistent cohesion of words & deeds, the harmony of thoughts & actions.